[Federal Register Volume 74, Number 225 (Tuesday, November 24, 2009)]
[Rules and Regulations]
[Page 61263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28209]

Rules and Regulations
                                                Federal Register

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Federal Register / Vol. 74, No. 225 / Tuesday, November 24, 2009 / 
Rules and Regulations

[[Page 61263]]


5 CFR Part 337

RIN 3206-AL51

Examining System

AGENCY: U.S. Office of Personnel Management.

ACTION: Final rule.


SUMMARY: The U.S. Office of Personnel Management (OPM) is issuing final 
regulations pertaining to direct hire authority for certain acquisition 
positions. The purpose of this change is to conform OPM's regulations 
with recent changes in law.

DATES: March 24, 2010.

FOR FURTHER INFORMATION CONTACT: Darlene Phelps by telephone at (202) 
606-0830; by fax at (202) 606-2329; by TTY at (202) 418-3134; or by e-
mail at [email protected].

SUPPLEMENTARY INFORMATION: On November 24, 2008, OPM published a 
proposed rule at 73 FR 70915, to incorporate a statutory extension of 
direct-hire authority for certain acquisition positions. In the 
National Defense Authorization Act for Fiscal Year 2008 (NDAA 2008), 
Public Law 110-181, Congress extended the direct-hire authority for 
acquisition positions under section 1413 of Public Law 108-136 through 
September 30, 2012. This statutory change permits department and agency 
heads (other than the Secretary of Defense) to determine, under 
regulations prescribed by OPM, when certain Federal acquisition 
positions are shortage positions for purposes of direct-hire authority. 
The Federal acquisition positions covered by section 1413 are listed in 
section 433(g)(1)(A) of title 41, United States Code.
    OPM proposed to modify 5 CFR part 337, subpart B, to:
    a. Update the legal authority citation for section 337.204(c) with 
section 1413(a) of Public Law 108-136, as amended by section 853 of 
Public Law 110-181;
    b. Update section 337.206(d) to provide that agencies may not make 
new appointments under this authority after September 30, 2012; and
    c. Remove the reporting requirements for this authority currently 
contained in 5 CFR 337.206(e).


    OPM received no comments on the proposed rule.

E.O. 12866, Regulatory Review

    This rule has been reviewed by the Office of Management and Budget 
in accordance with Executive Order 12866.

Regulatory Flexibility Act

    I certify that this regulation will not have a significant economic 
impact on a substantial number of small entities because it applies 
only to Federal agencies and employees.

Lists of Subjects in 5 CFR Part 337

    Government employees.

U.S. Office of Personnel Management.
John Berry,

Accordingly, OPM is amending part 337 of title 5, Code of Federal 
Regulations, as follows:


1. Revise the authority citation for part 337 to read as follows:

    Authority: 5 U.S.C. 1104(a)(2), 1302, 2302, 3301, 3302, 3304, 
3319, 5364; E.O. 10577, 3 CFR 1954-1958 Comp., p. 218; 33 FR 12423, 
Sept. 4, 1968; 45 FR 18365, Mar. 21, 1980; 116 Stat. 2290, sec. 1413 
of Public Law 108-136 (117 Stat. 1665), as amended by sec. 853 of 
Public Law 110-181 (122 Stat. 250).

Subpart B--Direct Hire Authority

2. Revise paragraph (c) of Sec.  337.204 to read as follows:

Sec.  337.204  Severe shortage of candidates.

* * * * *
    (c) A department or agency head (other than the Secretary of 
Defense) may determine, pursuant to section 1413(a) of Public Law 108-
136, as amended by section 853 of Public Law 110-181, that a shortage 
of highly qualified candidates exists for certain Federal acquisition 
positions (covered under section 433(g)(1)(A) of title 41, United 
States Code). To make such a determination, the deciding agency 
official must use the supporting evidence prescribed in 5 CFR 
337.204(b)(1)-(8) and must maintain a file of the supporting evidence 
for documentation and reporting purposes.

3. Revise paragraph (d) of Sec.  337.206 to read as follows:

Sec.  337.206  Terminations, modification, extensions, and reporting.

* * * * *
    (d) No new appointments may be made under the provisions of section 
1413 of Public Law 108-136 after September 30, 2012.

Sec.  337.206(e)  [Removed]

4. Remove paragraph (e) of Sec.  337.206.

[FR Doc. E9-28209 Filed 11-23-09; 8:45 am]